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Theranos founder Elizabeth Holmes' request for new trial denied

Theranos founder Elizabeth Holmes faces 20 years in prison after her request for a new trial was denied.. File photo by John Angelillo/UPI
Theranos founder Elizabeth Holmes faces 20 years in prison after her request for a new trial was denied.. File photo by John Angelillo/UPI | License Photo

Nov. 8 (UPI) -- Theranos founder Elizabeth Holmes faces 20 years in prison after her request for a new trial was denied by a federal judge.

U.S. District Judge Edward Davila ruled Holmes did not clearly establish that the government had engaged in any form of misconduct during her trial. Davila delayed Holmes' sentencing hearing last month after allegations of misconduct from the prosecutor.

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Holmes' attorney requested a new trial in September because former Theranos lab director Adam Rosendorff said he regretted his testimony during the trial.

An emergency hearing was held Oct. 17 to follow up on statements from Rosendorff. At that time, Rosendorff said Holmes needs to "pay her debt to society," NBC News reports.

Davila ruled that Rosendorff's testimony under oath was credible, contrary to claims by Holmes' attorneys that Rosendorff felt pressured by the government to testify.

Holmes was convicted on four counts of fraud in January, stemming from her engaging in false or misleading messaging to Theranos investors.

Holmes told investors she was developing new technology which could perform a wide array of blood tests with just a prick of the finger. Theranos raised an estimated $1 billion from investors, according to CBS News.

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Holmes is scheduled to be sentenced Nov. 18. Each of the four fraud charges she faces carries a maximum 20-year sentence. Just months before her trial began in 2021, Holmes gave birth to a son with partner William "Billy" Evans.

Theranos dissolved its business in 2018 following Holmes' indictment.

Former Theranos President and Chief Operating Officer Ramesh "Sunny" Balwani also was indicted. He was found guilty on 12 counts of fraud in July and is scheduled to be sentenced Nov. 15.

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